Kids Arts & Crafts Safety, CPSC, Las Vegas Injury Lawyers Reserch, Toxic Prouducts, Paint, Childern

by Las Vegas, Personal Injury Lawyer, Howard Roitman
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Las Vegas Injury Lawyer Chemical Dangers to Kids From Paints and Arts & Crafts Products

Regulation of Art Materials

The U.S. Consumer Product Safety Commission (CPSC) is an

independent regulatory agency charged with protecting the

public from unreasonable risks of injury or death associated

with consumer products. The CPSC requires labeling of art

materials that have the potential to cause adverse chronic

health effects under the Federal Hazardous Substances Act

(FHSA). Specifically, an amendment to the FHSA, the

Labeling of Hazardous Art Materials Act (Public Law 100-

695) or “LHAMA” made mandatory many of the requirements

of the labeling of art materials as set forth in the ASTM

International (ASTM) standard designated D-4236-88 [U.S.C.

1277]. ASTM D-4236 outlines procedures for developing

precautionary labels for art materials that have the potential to

produce chronic adverse health effects [16 CFR §

1500.14(b)(8)(i)].

Under the FHSA, an art material is defined as “any substance

marketed or represented by the producer or repackager as

suitable for use in any phase of the creation of any work of

visual or graphic art of any medium” [U.S.C. 1277(b)(1)].

Children’s products that meet this definition include, but are

not limited to, crayons, chalk, paint sets, colored pencils, and

modeling clay. It is recommended that parents/guardians

purchase only those products labeled with the statement

“Conforms to ASTM D-4236” (CPSC Document #5016) and

that do not have any cautionary warnings on the label.

Moreover, under the FHSA, most children’s products that

contain a hazardous substance are banned, whether the hazard

is based on chronic toxicity, acute toxicity, flammability, or

other hazard identified in the statute. However, the

Commission may exempt art materials satisfying all three of

the following criteria: (1) the inclusion of the hazardous

substance is required for their functional purpose, (2) the

products are labeled with adequate directions and warnings for

safe use, and (3) they are intended for use by children who are

sufficiently mature, and may reasonably be expected, to read

and heed such directions and warnings (15 USC

1261(q)(1)(A)).

For more information on the requirements for art materials,

contact the CPSC Office of Compliance, Washington, DC

20207, telephone: 301-504-7913.

Sources of Health and Hazard Information

Under the U.S. Occupational Safety and Health

Administration (OSHA) Hazard Communication Standard

(HCS), chemical manufacturers are required to develop a

Material Safety Data Sheet (MSDS) for each hazardous

chemical they produce and import [29 CFR 1910.1200 (g)].

The MSDS contains a variety of information including the

hazards associated with the chemical(s) and precautionary

information for safe handling and use. However, the chronic

hazards described in the MSDS may not be applicable to the

casual user, such as someone engaging in an art activity one

time. Be aware that a MSDS can become outdated as new

information becomes available, particularly concerning longterm or chronic exposures. Manufacturers must provide the

date of preparation or the date of the last change made to the

MSDS, so be sure that you have the most current document

available.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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